Canned Fruits Levy Collection Regulations (Cth)

Statutory Rules

1979 No. 292

REGULATIONS UNDER THE CANNED FRUITS LEVY COLLECTION ACT 19791

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Canned Fruits Levy Collection Act 1979.

 

Dated this twentieth day of December 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

PETER NIXON

Minister of State for Primary Industry

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CANNED FRUITS LEVY COLLECTION REGULATIONS

Citation

1. These Regulations may be cited as the Canned Fruits Levy Collection Regulations.

Commencement

2. These Regulations shall come into operation on 1 January 1980.

Interpretation

3. In these Regulations, unless the contrary intention appears—

"authorized agent" means a person appointed by a proprietor of a factory under regulation 8 to be his authorized agent;

"Secretary" means the Secretary to the Department of Primary Industry;

"the Act'' means the Canned Fruits Levy Collection Act 1979.

Manner of payment of levy

4. The payment of levy shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra.

Returns relating to production of canned fruits

5. (1) Where canned fruits are produced at a factory during the first half of a season and levy is payable on those fruits the proprietor of the factory shall furnish to the Secretary on or before 15 July in that season a return relating to production during that half of the season containing the particulars specified in sub-regulation (3).

(2) Where canned fruits are produced at a factory during the last half of a season and levy is payable on those fruits the proprietor of the factory shall furnish to the Secretary on or before 15 January in the year

immediately following that season a return relating to production during that half of the season containing the particulars specified in sub-regulation (3).

(3) The particulars referred to in sub-regulations (1) and (2) are as follows:

(a) the period to which the return relates;

(b) the full name and address of the factory at which the fruit to which the return relates was produced;

(c) the full name and address of the proprietor of the factory referred to in paragraph (b);

(d) the number of containers of canned fruits produced to which the return relates (expressed in dozens) in each of the following classes:

(i) containers the gross weight of none of which exceeds 150 grams;

(ii) containers the gross weight of each of which exceeds 150 grams but does not exceed 320 grams;

(iii) containers the gross weight of each of which exceeds 320 grams but does not exceed 490 grams;

(iv) containers the gross weight of each of which exceeds 490 grams but does not exceed 680 grams;

(v) containers the gross weight of each of which exceeds 680 grams but does not exceed 900 grams;

(vi) containers the gross weight of each of which exceeds 900 grams but does not exceed 1350 grams;

(vii) containers the gross weight of each of which exceeds 1350 grams but does not exceed 1800 grams;

(viii) containers the gross weight of each of which exceeds 1800 grams but does not exceed 2250 grams;

(ix) containers the gross weight of each of which exceeds 2250 grams but does not exceed 2700 grams;

(x) containers the gross weight of each of which exceeds 2700 grams;

(e) the amount of levy payable for each class specified in paragraph (d);

(f) the total of the amounts specified under paragraph (e).

Statements of non-production

6. (1) Subject to sub-regulation (3), where during a period of 6 months commencing on 1 January or 1 July no canned fruits are produced at a factory the proprietor of the factory shall furnish to the Secretary a statement of that fact.

(2) A statement required by sub-regulation (1) shall be furnished—

(a) where the period for which the statement is required is the first half of a season—on or before 15 July in that season; and

(b) where the period for which the statement is required is the last half of a season—on or before 15 January of the year immediately following that season.

(3) Where the Secretary is satisfied, on an application signed by the proprietor of a factory, that the factory permanently ceased production of canned fruits on a day he shall, by writing, direct that no statement shall be required to be furnished under sub-regulation (1) in respect of that factory in relation to any period of non-production after that day and the direction shall have effect according to its terms until production is resumed at that factory.

Execution and lodgment of returns and statements

7. A return or statement referred to in sub-regulation 5 (1), 5 (2) or 6 (1) —

(a) shall be signed—

(i) by the proprietor or his authorized agent; or

(ii) where the proprietor is a company—by a director or the secretary of the company or by the authorized agent of the company; and

(b) shall be furnished to the Secretary by lodging it at the office of the Department of Primary Industry in Canberra.

Authorized agent

8. (1) The proprietor of a factory may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing a return or statement referred to in sub-regulation 5 (1), 5 (2) or 6 (1).

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in Schedule 1 and when completed shall be lodged at the office of the Department of Primary Industry in Canberra.

Proper records to be kept

9. (1) The proprietor of a factory producing canned fruits shall keep, or cause to be kept, proper records showing on a daily basis the number of containers of canned fruits produced in each of the classes specified in paragraph 5 (3) (d).

(2) A record made under sub-regulation (1) of a day's production shall be retained for a period of at least 3 years after that day.

(3) Where a certificate is issued to a person under sub-section 5 (2) of the Levy Act he shall retain that certificate for a period of at least 3 years after the date of issue of that certificate.

Penalty: $200.

 

Execution of documents by a company

10. Where these Regulations require a document (not being a returnor statement) to be signed by a proprietor and the proprietor is a company, the document may be signed on behalf of the company by a director or the secretary of the company.

Form of warrant for authorized person to enter premises

11. For the purposes of section 8 of the Act, the prescribed form of warrant is the form in Schedule 2.

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SCHEDULE 1 Regulation 8

COMMONWEALTH OF AUSTRALIA

Canned Fruits Levy Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the

Department of Primary Industry

I, (full name and address of proprietor of factory) hereby appoint (full name, address and occupation of authorized agent) a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return or statement prepared for the purposes of sub-regulation 5 (1), 5 (2) or 6 (1) of the Canned Fruits Levy Collection Regulations.

Dated this day of 19 .

(Signature of proprietor or, where the proprietor is a company, signature of a director or the secretary of the company and his designation)

Dated this day of 19 .

(Signature of authorized agent)

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SCHEDULE 2 Regulation 11

Canned Fruits Levy Collection Act 1919

SEARCH WARRANT

To: (full name),a person appointed to be an authorized person for the purposes of section8 of the Canned Fruits Levy Collection Act X919.

WHEREAS, on an application under sub-section 8 (2) of that Act in relation to premises at , I, (full name),a Justice of the Peace, am satisfied, by information on oath (or affirmation)—

(a) that there is reasonable ground for believing that there are on the premises—

*canned fruits on which levy is payable;

* books, documents or papers relating to canned fruits on which levy is payable;

and

(b) that the issue of a warrant is reasonably required for the purposes of that Act:

YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at , during the hours of (or at any time), if necessary by force, for the purpose of exercising the functions of an authorized person under section 8 of that Act.

THIS warrant ceases to have effect after (insert date).

Dated this day of 19 .

Justice of the Peace

* Omit whichever is inapplicable.

NOTE

1. Notified in the Commonwealth of Australia Gazette